§ 1 Scope of Application
These General Terms and Conditions (hereinafter "GTC") of Bauwucht GmbH i. G., Kurfürstendamm 96, 10709 Berlin (hereinafter "Bauwucht"), apply to all contracts for construction, renovation, and related services concluded between Bauwucht and its clients (hereinafter "Client"). These GTC apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of the Client shall only become part of the contract if and to the extent that Bauwucht has expressly agreed to their validity in writing.
Note: For the purpose of legal consistency, the German version of these Terms and Conditions constitutes the binding legal reference. This English translation is provided for informational purposes only.
§ 2 Conclusion of Contract
All offers made by Bauwucht are non-binding and subject to change. A contract is only concluded upon written confirmation by Bauwucht or upon commencement of the services. Cost estimates are non-binding unless expressly designated as fixed-price offers.
§ 3 Scope of Services
The specific scope of services is determined by the written agreement between Bauwucht and the Client. Bauwucht reserves the right to use qualified subcontractors. Changes or extensions to the agreed scope of services require written agreement and may affect price and timeline.
§ 4 Prices and Payment Terms
All prices are net prices plus the applicable statutory VAT. Invoices are due and payable within 14 days of the invoice date without deduction, unless otherwise agreed in writing. In the event of late payment, Bauwucht is entitled to charge interest at the applicable statutory rate for commercial transactions. Bauwucht reserves the right to demand reasonable advance payments or instalment payments for larger projects.
§ 5 Execution and Timelines
Agreed timelines are binding only if expressly confirmed in writing by Bauwucht as fixed deadlines. Delays caused by circumstances beyond Bauwucht's control (force majeure, delayed delivery of materials, weather conditions, third-party delays) entitle Bauwucht to a reasonable extension of time. The Client shall be informed promptly of any foreseeable delays.
§ 6 Client Obligations
The Client is obliged to create the necessary conditions for the execution of work (e.g. access to the property, provision of water and electricity, timely procurement of permits). Any delay in fulfilling these obligations that results in additional costs or delays shall be borne by the Client.
§ 7 Acceptance
Upon completion of the work, a formal acceptance inspection (Abnahme) shall take place. The Client is obliged to participate in this inspection. If the Client refuses acceptance without justification or does not appear at an agreed inspection date, the work shall be deemed accepted. Minor defects do not entitle the Client to refuse acceptance.
§ 8 Warranty
Bauwucht provides a warranty for defects in accordance with the statutory provisions. The warranty period for construction work is 5 years from acceptance, in accordance with § 634a BGB. For identified defects, Bauwucht shall have the right to remedy (Nacherfüllung) in the first instance. Only if remedy fails twice, is impossible, or is refused by Bauwucht may the Client exercise further statutory rights.
§ 9 Liability
Bauwucht is liable for damages in cases of intent and gross negligence. In cases of simple negligence, Bauwucht is only liable for the breach of essential contractual obligations (cardinal obligations). In such cases, liability is limited to the foreseeable, typically occurring damage. Liability for injury to life, body, or health remains unaffected. Any further liability is excluded.
§ 10 Retention of Title
Materials and components supplied by Bauwucht remain the property of Bauwucht until full payment of the agreed remuneration.
§ 11 Confidentiality
Both parties undertake to treat confidential information of the other party as strictly confidential and not to disclose it to third parties without prior written consent. This obligation continues for a period of two years after termination of the contractual relationship.
§ 12 Data Protection
The processing of personal data is carried out in accordance with the applicable data protection regulations, in particular the GDPR and the German Federal Data Protection Act (BDSG). Further information can be found in our Privacy Policy at bauwucht.de/en/privacy-policy/.
§ 13 Governing Law and Jurisdiction
These GTC and all contracts concluded on their basis are governed exclusively by German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from or in connection with contracts with merchants, legal entities under public law, or special funds under public law is Berlin.
§ 14 Severability
Should any provision of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid one.
Last updated: March 2026 · Bauwucht GmbH i. G., Berlin